 "Fear of surveillance assault on press: Madras HC on journalists' harassment")
The Madras High Court has taken a firm position in defending press freedom, declaring that the fear of surveillance amounts to an attack on the press, which serves as the fourth pillar of democracy.
According to a report by the news agency PTI, in a recent ruling, Justice G K Ilanthiraiyan of Madras High Court emphasised the crucial bond between press freedom and privacy, highlighting that the forcible seizure of mobile phones and the extraction of private data from journalists under the guise of an investigation is a violation of their rights.
Harassment in the name of investigation
This observation came while disposing of petitions filed by the Chennai Press Club and three journalists who sought to restrain a Special Investigation Team (SIT) from harassing them during an investigation into the Anna University sexual assault FIR leak case.
The journalists argued that their mobile phones were unjustly seized, and they were compelled to provide access to personal and confidential data, a move the court described as “oppressive” and “damaging to press freedom”.
Violation of Press Council Act
Justice Ilanthiraiyan cited the Press Council Act, noting that the source of information reported by journalists is protected under Section 15(2), which safeguards privileged communication.
He criticised the Tamil Nadu police’s SIT for seizing the petitioners’ devices without any valid reason or evidence contained within them. The journalists had not uploaded or shared the FIR on social media, underscoring that the seizure of their phones violated their rights under the Press Council Act.
The court also questioned the SIT’s investigative methods, pointing out that the police had failed to question the individuals responsible for uploading the FIR or its author. Instead, the focus was unjustly placed on the reporters, despite no credible evidence implicating them.
Furthermore, the judge pointed out that the uploading of the FIR related to the sexual assault case violated Supreme Court guidelines, which prohibit the release of sensitive FIRs online.
Court asked petitioners to cooperate with SIT
In addition to ordering the return of the seized mobile phones and devices, the court directed the petitioners to cooperate with the SIT under the condition that no harassment would occur.
The SIT was further restrained from questioning personal information irrelevant to the investigation and from asking inappropriate questions. Justice Ilanthiraiyan also emphasised that all proceedings should be recorded in the general and case diaries for transparency.
The court directed the SIT to complete the investigation by February 10, 2025, ensuring that the petitioners are not subjected to undue pressure or harassment during the enquiry.
[With inputs from PTI]